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EU Conventions
Mr. Mitchell:
To ask the Secretary of State for the Home Department, pursuant to his answer of 1 July, Official Report, columns 74-76, concerning the draft convention of the European Community concerning rules applying to the crossing of external common frontiers of the community, when the convention was published by the Commission; what consultation with member states took place prior to its publication; what steps have been
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taken by Her Majesty's Government to send copies of the draft convention to bodies or persons in the United Kingdom whose duties or obligations will be affected by its operation and requirements; if he will publish a white paper containing the changes which it will require in the existing powers available to the Government or Parliament; and what final powers the convention provides for the European Court. [15573]
Ms Quin:
A revised draft External Frontiers Convention was presented to the Council by the Commission on 10 December 1993; a draft Convention had earlier been under consideration by member states of the European Union under the ad hoc arrangements for co-operation on immigration and asylum which preceded the coming into force of the Treaty on European Union (TEU).
The Government are not aware of any specific consultations on the Commission's proposals but it was based on the earlier text of the draft Convention subject to the changes brought about by the TEU. The Commission's proposal for a Convention was deposited in Parliament on 1 February 1994, together with an Explanatory Note; the draft Convention which preceded it was deposited in Parliament in July 1992. The Commission's proposal was published in the Official Journal on 15 January 1994 and is publicly available. The Government did not formally consult on the Convention but the Government's Explanatory Note set out the legal changes which implementation of the External Frontiers Convention would require. It would not be appropriate to publish any more detailed proposals in the absence of final agreement on the text. Jurisdiction for the European Court of Justice remains an unresolved matter.
The draft External Frontiers Convention has been blocked since 1991 because of Spain's objections to its application to Gibraltar, and no discussions of substance have taken place within the European Union since June 1996 during the Italian Presidency. However, arrangements have now been agreed allowing the Schengen countries to pass measures within the European Union framework relating to their external frontiers, while the United Kingdom and Ireland continue to operate the Common Travel Area. Given these changes, secured at the Amsterdam Summit, there is now little impetus behind the draft External Frontiers Convention.
Mr. Mitchell:
To ask the Secretary of State for the Home Department, pursuant to his answer of 1 July, Official Report, columns 74-76, in respect of the draft conventions of the European Community concerning (i) matrimonial matters, (ii) co-operation between customs administrations and (iii) information on asylum applicants (a) when each was published, (b) what steps he has taken to forward the proposals to interested bodies or persons, (c) what matters raised by Her Majesty's Government in respect of the earlier consultation have not been incorporated in the draft, (d) when the texts were placed before Parliament, (e) what procedures will take place in Parliament prior to ratification, (f) what major changes in the rights or obligations of United Kingdom citizens are implied by the drafts, (g) what powers will be vested in the European Court in either preliminary or final judgments or rulings and (h) what memoranda he will publish. [15570]
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Ms Quin:
The information requested is as follows:
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Mr. McNamara:
To ask the Secretary of State for the Home Department if he will indicate the time-frame within which the transfer of IRA prisoners to the Republic of Ireland, to which he has agreed in principle, will take place. [16475]
Ms Quin:
Determination of repatriation requests requires detailed consideration by both the United Kingdom and the Republic of Ireland. Repatriation cannot take place until all parties, including the prisoner, have given their formal consent. It is not possible to specify how long this process may take in any individual case.
Mr. McNamara:
To ask the Secretary of State for the Home Department following the letter of 9 July from the Northern Ireland Office to Mr. Martin McGuinness, when he will announce the tariffs for (a) Joe O'Connell, (b) Harry Duggan, (c) Hugh Doherty and (d) Eddie Bolton. [16474]
Ms Quin:
The four prisoners in question will be informed of decisions concerning their tariffs as soon as possible.
Mr. MacShane:
To ask the Secretary of State for the Home Department, pursuant to the oral Statement by the Secretary of State for International Development, Official Report, 5 November, column 332, if he will instruct officials to serve coffee and tea furnished by suppliers who adhere to fair trade standards in his Department. [15492]
Mr. Straw:
I refer my hon. Friend to the answer which my right hon. Friend the Prime Minister gave on 13 November Official Report, column 617. All procurement decisions in my Department are based on the Government's policy of value for money. However, we are making inquiries across the Office with regard to the implications of offering such "fair trade" products.
(i) Draft Convention on Jurisdiction and Enforcement in Family Matters
This draft European Union Convention, on which my right hon. and learned Friend the Lord Chancellor has the policy lead, has not been published in the Official Journal but was submitted to the House of Lords Select Committee on the European Communities in May, together with an Explanatory Note. The Select Committee consulted a wide range of interested academic and professional individuals and organisations and published the evidence it collected in its report (HL Paper 19, printed on 22 July 1997). The matters raised in the memorandum submitted to the Select Committee by the Lord Chancellor's Department and the Scottish Court Administration are still under negotiation with other member states. The enactment of primary legislation will be needed before the Convention can be ratified.
The draft Convention has the following main purposes; first, to establish grounds of jurisdiction in relation to proceedings for divorce, nullity and judicial separation and orders relating to children made in those proceedings; secondly, to make provision relating to concurrent matrimonial procedings in different jurisdictions; and thirdly, to provide for the recognition and enforcement of the relevant decrees and orders. Whether, and, if so, to what extent, the European Court of Justice should be given jurisdiction in relation to the draft Convention is a matter which is still under consideration and negotiation with other member states. The Lord Chancellor's Department and the Scottish Courts Administration will publish a memorandum on the draft Convention before it is finally agreed; the timing of such publication with depend on the future progress of negotiations.
(ii) Draft Convention on mutual assistance and co-operation between customs authorities (Naples II)
The text of this draft European Union Convention is still under negotiation and has therefore not yet been published in the Official Journal. My right hon. Friend the Chancellor of the Exchequer has the policy lead and intends to deposit the latest text and an Explanatory Note with Parliament shortly. It will be for the scrutiny committees to decide whether to call for evidence from interested bodies or persons. The Government have been fully involved in negotiations concerned with the drafting of the convention and, where appropriate, have sought changes to the text.
If agreement is reached on the Convention, it will be tabled in Parliament in accordance with the Ponsonby rule for ratifying international agreements. The draft Convention does not provide for changes in the rights or obligations of United Kingdom citizens. The powers to be invested in the European Court of Justice in respect of the draft Convention are still under consideration.
(iii) Draft Convention regarding the establishment of the EURODAC system for the comparison of fingerprints of asylum applicants
The first version of this draft European Union Convention was brought forward by the Italian Presidency on 14 March 1996. The text, which remains the subject of negotiation under the Third Pillar of the Treaty of European Union, has not been published in the Official Journal but was deposited with Parliament on 6 June 1996, together with an Explanatory Note. The text has so far not been the subject of any wider consultation in the United Kingdom. The Luxembourg Presidency recently forwarded the draft convention to the European Parliament for an opinion.
If adopted by the Council, the draft Convention would be laid before Parliament in the usual way prior to ratification and Parliamentary approval sought for any necessary changes to existing legislation. The inclusion of provisions relating to the European Court of Justice has yet to be determined.
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